Can I require a doctor's excuse from one of my employee's?

[cowcrazyinpa]

What is the name of your state (only U.S. law)? PA

I have an employee that had a medical problem 6 weeks ago. The first 3 days they were out they brought in note from the hospital. They worked for 4 days and then called off again for 3 days with a doctor's note. In the last 4 weeks this employee has been calling off 1-2 days per week, saying they are having problems again. This employee has had attendance issues in the past and has had a written warning for them. Can I ask this employee to bring in a doctor's excuse for each of the days that they miss? They did tell a co-worker that at the last appointment the doctor could not find anything. I am not sure if they are still having problems or just want time off of work.

 

[cbg]

That depends.

How often you can demand a doctor's excuse depends on whether FMLA is involved. FMLA applies when ALL THREE of the following criteria are in play:

1.) The employee has worked for you for no less than 12 months (the 12 months need not be consecutive for this criteria)
2.) You have no less than 50 employees within 75 miles of the employee's location
3.) The employee or a qualified dependent has a serious health condition as defined by the FMLA statute. You can find that definition by using your favorite search engine so I won't take time to post it here now.

If even one of the above criteria fails, then FMLA is not a factor. If all three are, then you MUST, at least conditionally, apply FMLA protections.

If FMLA is not in play, then you can demand a doctor's excuse for each and every absence and fire her if she fails to do so. (Possible exceptions in the case of the ADA, but it doesn't sound as if the ADA is in play here either, and even if it is, unlimited absences are NOT considered a reasonable accommodation.)

If FMLA is in play, then you cannot ask for a doctor's excuse more often than every 30 days, and even then you need to have reason to believe that things have changed since the last certification. However, in this case the doctor's note should indicate roughly how often to expect an absence for the FMLA-protected condition (ex. 2-3 times a month, once a week, whatever) and if she exceeds that, it IS indication that things have changed so that you are justified in sending her back - after 30 days, of course. Also, ONLY the condition noted in the doctor's certification is protected; absences that are unrelated to the FMLA-protected condition are not protected.

 

[cowcrazyinpa]

No fmla

Our company only has 15 employees. The employee has been treated for kidney stones, but I would think that after 6 weeks something should have been done. I was going to write a letter telling them that they need an excuse, but I have had some people tell me that is discrimination. We don't have any written policies for attendance because we have never had an issue like this in 20 years I have been there.

 

[cbg]

With only 15 employees, FMLA is off the table. You can ask for a doctor's excuse as often as you want.

FYI, since FMLA is not involved, even a doctor's note is not protection. You can discipline up to and including termination for excessive absence even if you have a doctor's note signed by the Surgeon General of the US.

 

[cowcrazyinpa]

Thank you

Thank you for your quick reply.